Benefitably.com provides its service to You subject to the following Terms of Service ("TOS"), which may be updated from time to time at Benefitably.com’s discretion with notice provided to you via e-mail. By logging into our system and/or opting into our services, you agree to the terms of service.
Benefitably.com may provide You with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
Benefitably.com provides users with a method to receive information via SMS text messages, and access web content (the “Service”).You agree that the Service may include certain communications from Benefitably.com to You via email. Unless explicitly stated otherwise, any new features that amplify or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS”. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. You must provide and are responsible for all equipment necessary to access the Service.
In order to set up Your account, You must provide Benefitably.com certain information. Benefitably.com will never release Your information to anyone for any reason without prior approval by You, unless required to do so by law. As part of its service, Benefitably.com collects the phone numbers of prospective buyers that access information via text message (SMS).
You will receive a password and account upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password are responsible for all activities that occur under your account. You agree to immediately notify Benefitably.com of any unauthorized use of Your password or account or any other breach of security.
Benefitably.com reserves the right at any time to modify or discontinue, the Service (or any part thereof) with or without notice. You agree that Benefitably.com shall not be liable to You or to any third party for any modification or discontinuance of the Service.
You agree that Benefitably.com may, under certain circumstances and without prior notice, immediately terminate Benefitably.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement, (c) a request by You, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) You have engaged in fraudulent or illegal activities. Termination of Benefitably.com account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, and (c) barring further use of the Service. You agree that all terminations for cause shall be made at Benefitably.com’s sole discretion and that Benefitably.com shall not be liable to You or any third-party for any termination of your account or access to the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Benefitably.com, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Benefitably.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Benefitably.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Benefitably.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
The TOS constitutes the entire agreement between You and Benefitably.com and governs your use of the Service.
The TOS and the relationship between you and Benefitably.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Benefitably.com agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida.
The failure of Benefitably.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that Benefitably.com account is non-transferable and any rights to Benefitably.com or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Violation team at care@benefitably.com